Oregonlive is reporting that an Oregon jury has awarded $25 million in punitive damages to the family of a smoker in a lawsuit against Philip Morris. This was a partial retrial of a case in which the original jury awarded $169,000 in compensatory damages and $150 million in punitive damages. As we reported in June 2010, the Oregon Supreme Court reversed that award because the trial court had given a jury instruction that improperly allowed the jury to punish Philip Morris for injuries to nonparties. Although the second jury's award of $25 million is much less than the original award, it still represents a ratio of 148 to one, and Philip Morris says it plans to appeal again on the grounds that the award is excessive. The case is Schwarz v. Philip Morris.
Petition of the day
10 hours ago